General Laws

Section 8. As used in this chapter the following terms and phrases shall, unless the context clearly requires otherwise, have the following meanings:

a. "Commissioner'', the commissioner of medical assistance or the secretary of elder affairs, as appropriate.

a1/2. "Department'', the department of elder affairs.

a3/4. "Division'', the division of medical assistance within the executive office of health and human services; but for the purposes of sections 9 to 52, inclusive, a reference to the word "division'' shall mean the department of elder affairs, whenever appropriate.

b1/2. "Institution'', a licensed hospital, nursing home or public medical institution that meets the requirements of the secretary.

c. "Medicaid'', the jointly funded state and federal medical assistance program established pursuant to Title XIX under section nine of this chapter.

d. "Medical assistance'', payment by the department, or its agent, or any predecessor or successor agency, of all or part of the cost of the medical care and services provided to recipients of any program established under this chapter, but not including benefits provided under section nine A.

d1/2. "Medical benefits'', benefits provided under section nine A.

[ Paragraph e. effective until January 1, 2014. For text effective January 1, 2014, see below.]

e. "Person'', any individual who resides in the commonwealth, or any individual residing outside the commonwealth who is deemed to be a resident of the commonwealth under Title XIX.

e. "Person'', any individual who resides in the commonwealth, or any individual residing outside the commonwealth who is deemed to be a resident of the commonwealth under Title XIX, Title XXI or other state or federal programs established or administered pursuant to this chapter.

f. "Provider'', any institution, agency, individual, or other legal entity qualified under the laws of the commonwealth to perform the medical care or services for which medical assistance and medical benefits are available under this chapter.

g. "Public medical institution'', any medical institution supported in whole or in part by public funds, either federal, state or municipal staffed by professional, medical and nursing personnel and providing medical care, in accordance with standards established through licensing or approval by the department of public health.

[ Paragraph h. effective until January 1, 2014. For text effective January 1, 2014, see below.]

h. "Reside'', to occupy an established place of abode with no present intention of definite and early removal, but not necessarily with the intention of remaining permanently, but in no event shall the word "reside'' be construed more restrictively or less restrictively than as defined by the Secretary under Title XIX.

Confinement of a person in any nursing home, hospital, or other medical institution in the commonwealth shall not, in and of itself, be sufficient evidence to qualify such person as a resident under this chapter.

h. "Reside'', to occupy an established place of abode with no present intention of definite and early removal, but not necessarily with the intention of remaining permanently, but in no event shall the word "reside'' be construed more restrictively or less restrictively than as defined by the Secretary under Title XIX, Title XXI or other state or federal programs established or administered pursuant to this chapter.

i. "Secretary'', the Secretary of the United States Department of Health and Human Services, except as that term is used in section two of this chapter.

j. "Title XIX'', Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq. or any successor thereto.

k. "Title XXI'', Title XXI of the Social Security Act, 42 USC 1397 et seq. or any successor thereto.